My doctor signed a letter that is very detailed and direct!

[Nugo]

Hey friends,

     As you know, I've fallen behind in CS and I'm a full-time student working almost full-time hours too (32-40).  The family court in the other state I lived in, where the CP and my daughter are, decided that the income to be used in my CS requirements would be an old income, not only because I failed to send in updated income statements, but also that I had made more income before at other jobs--they were holding me to that income regardless of my injuries that pushed me away from those jobs.

     So, I sent in a couple of motions to adjust CS to my actual, not what the court believes to be my potential, income.  With one of them, I sent in a hand-written letter from my doctor showing the extent of my disabilites, as well as proof that I was succesfully going through a Veterans Affairs Voc. Rehab. Program (school--bachelor's w/teaching cert.)

Denied.

Side note:
(The motion was for clarification, since the Court had required in it's contempt order that I must find full-time employment that would allow me to pay the big numbers, and until I did, I would have to send a job contact list to the CP every week.  I didn't think the court would want me to drop out of school and quit the job I had to search for a job I might never get, simply because the new job might allow me to pay the amount the court required, which is based on an income I no longer make.  
They responded in kind that, paraphrasing, "father may not enroll in college or choose to work part-time in order to avoid his CS obligation."  I just wanted it based on my income!!)
     
     Now, I was found in contempt in June.  I didn't get the decision until September.  I have to pay ~$670.00 per month AND I have to come up with $1,500.00 lump sum before 12-31-04.  I haven't been matching those payments--couldn't!  These are the things the court ordered me to do in order to "purge [my] contempt."

  I wrote up a letter that I though my doctor would roughly agree with based on what was happening to me medically and legally.  I focused in it on how the court's order was damaging to my health even further, and that if the court insisted on coming after me financially, then they could only be fair by waiting for me to finish my voc. rehab. program or getting a higher rate of disability pay.  It flat out told the court that their demands, combined with my CP's refusal to allow regular parent-child contact, was negatively affecting both my mental and physical health, in a serious and significant manner.

I expected him to write a roughly similar letter; not to sign the one I wrote, because there was a little bit of emotion in it.  Well, he did sign it!  And he added another page to it!

Now, my idea is to send this letter, as well as a calm and professional cover letter, to the court and several senate/congress people in both states simultaneously.  

Suggestions?
     

[MYSONSDAD]

It certainly could not hurt! Asking you to sustain further injury is unfair.
Can you talk with an attorney about this?
WTF!

This must be a wonderful doctor, not many would have done this.

"Children learn what they live"

[Nugo]

He always has been a fantastic doctor; I've had to go to patient liason before to compliment him (far too many VA doctors are critiqued because they are practicing in a system that does not provide them all the tools and info. they need).

I don't know a lawyer to contact.  I still owe my old lawyer 4k.

[MYSONSDAD]

Just a thought, would he testify in court on your behalf? Might make the difference.

"Children learn what they live"

[sad stepmother]

This is a great idea.  If your doctor would be willing to testify on your behalf plus the extensive letter it would likely be very beneficial to your case.  This is what my husband's doctor is going to do for him.  He wrote an extensive letter reguaring my husband's health condition and sent it to the judge and child support enforcement. He will be called as a witness as the appeal hearing.

I think it would be difficult for a judge in the presence of your own doctor to continue to claim that your reasons for falling behind on CS are not valid.

[Stepmomnow]

A Judge cannot respond to a letter and certainly will not change an order based on a letter.  You have to appeal the judgement or find a change in circumstances to get the matter in front of him (ie file a motion for reconsideration if the time limit has not passed)  I would strongly suggest that you either try to get free legal counsel (you may try to get enough info from a free consulation with an attorney) or go to the local law library and really educate yourself on how to do this.  

[Nugo]

Yikes.  I guess it won't help, but I'm going to try it anyway.  Kitty C. advised it and I think she's right; it will be known that this letter was read by the representatives and, presumably, the court.  Then, when it all starts to crumble for me, we can look back on it.

Next time I see the doc, I will try to get him to commit to telephone testimony; problem is that he and I are 800 miles from the court that handles the case.

I want to prepare and send these letters tomorrow; it's my only day off for the whole week.  Any tips on style, targets, or cover letter?  Or anything else?

[Kitty C.]

......but you have to act fast!  I still recommend contacting your local state reps. and senators, especially those whom are up for re-election.  they want to look good for the election and are more than willing right now to go for the touchy-feely issues.  One other suggestion (once you take it to the politicians):  get it into the media if you can.  At this stage of the election process, anything goes and use what you can to the best advantage you can get.

As for sending it to the judge, nope.  They will not respond to a private letter.  BUT you could include the letter as evidence in your case and I also strongly agree with MSD's suggestion of getting this doc as a witness.  In fact, if you do use his letter as evidence in your case, opposing council is almost certain to call on him for rebuttal anyway.

That's okay, tho.  It's become obvious that your medical history and condition is paramount in this case and you must use it as much as possible.

[Nugo]

Got it; I sent the letters off today; both states' two senators.  There is no hearing scheduled with which to bring my doctor or have him testify; I've directly appealed to the senators for help with this issue, stating that if I must pay a penalty, at least let me pay the penalty after graduation (among many other things).  

I asked them for their help in making sure that the Court gave this letter a fair look; I'll follow with a motion to modify and a motion to set aside.  That'll make it formal.  I was sure to mention that I had not won any argument with this Court since last year when they took my daughter from me.  

We'll see what happens, and thanks again for your suggestions!